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back to contents Native Title Report 2001 Appendix 1: Compiled Recommendations Chapter One - The right to negotiate and human rights That state and territory government departments administering the issue of future act notifications develop strategic plans, in consultation with NTRBs, with the aim of improving the efficiency of their administrative practices. The manner and rate of…

The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011.

Claimant application means an application made by Aboriginal people or Torres Strait Islanders under the Native Title Act for a determination that native title exists over a particular area of land or waters (s 61(1) Native Title Act).

The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit.

It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence.

This report is my second as the Aboriginal and Torres Strait Islander Social Justice Commissioner and marks a transition from a calendar year reporting period to a financial year to comply with s.46(1)(a) of the Human Rights and Equal Opportunity Commission Act (1986) (Cth). As the Native Title Report 2004 reported on the period January to December 2004, this report covers the period January to…

Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments.

The High Court's decisions in Yarmirr [1], Miriuwung Gajerrong [2], Wilson v Anderson [3] and Yorta Yorta [4] clarify the law with respect to the recognition and extinguishment of native title. The consequences of the law of native title for Indigenous people are now starkly apparent. It is thus timely that the 2002 Native Title Report evaluates these principles against the human rights standards…

[1] T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2009, Australian Human Rights Commission (2009), p xv. At http://www.humanrights.gov.au/social_justice/nt_report/ntreport09/index.html (viewed 19 November 2010).

It is with great pleasure that I present my second Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. I launched my first Report, the Native Title Report 2010 in February 2011. These reports are produced each year in accordance with the requirement under the Native Title Act 1993 (Cth) (Native Title Act) for me to report annually on the impact of the…

It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title.

Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country.

One part of the funding is the ‘respondent funding scheme’ operated by the Attorney-General’s Department. Under this scheme the Attorney-General can grant legal or financial assistance to certain non-claimant parties to enable them to participate in native title proceedings.1

Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people.

The landscape of the Murray-Darling Basin (MDB) is under severe ecological stress. Issues such as salinity, poor water quality, stressed forests, dried wetlands, threatened native species, feral animals and noxious weeds are commonplace within the MDB. The reasons for this dramatic decline in river health are caused by water mismanagement including reversal of natural flow cycles and over…

In 2006, the Aboriginal and Torres Strait Islander Social Justice Commissioner conducted a national survey of Indigenous Australians living on Indigenous land. There were 54 survey respondents, which included traditional land owners, as well as other Indigenous Australians with interests in land and land-use. The survey questions asked Indigenous respondents to identify their aspirations for…

After 11 years of conservative rule under the Howard Government, that saw Indigenous peoples’ native title rights and interests severely degraded under the Wik 10 Point Plan, the election of the Labor Government raised an opportunity to renew the relationship between the State and Australia’s Indigenous peoples.